Barton & Bibas, “Rebooting Justice”

This is not a law-and-religion book, but it is co-written by one of the participants in our Center’s Tradition Project, Stephanos Bibas, who recently left his position at the University of Pennsylvania Law school for a seat on the Third Circuit, and it looks to be of interest to anyone concerned about our legal system and the potential for technology to improve it. Tradition doesn’t mean stagnation, and there’s no reason why traditionalists must in principle oppose new technologies. As long as those new technologies don’t displace law professors, that is. The book is Rebooting Justice: More Technology, Fewer Lawyers, and the Future of Law, co-written by Bibas and law professor Benjamin Barton (Tennessee). Here is the description from the publisher, Encounter Books:

America is a nation founded on justice and the rule of law. But our laws are too complex, and legal advice too expensive, for poor and even middle-class Americans to get help and vindicate their rights. Criminal defendants facing jail time may receive an appointed lawyer who is juggling hundreds of cases and immediately urges them to plead guilty. Civil litigants are even worse off; usually, they get no help at all navigating the maze of technical procedures and rules. The same is true of those seeking legal advice, like planning a will or negotiating an employment contract.

Rebooting Justice presents a novel response to longstanding problems. The answer is to use technology and procedural innovation to simplify and change the process itself. In the civil and criminal courts where ordinary Americans appear the most, we should streamline complex procedures and assume that parties will not have a lawyer, rather than the other way around. We need a cheaper, simpler, faster justice system to control costs. We cannot untie the Gordian knot by adding more strands of rope; we need to cut it, to simplify it.